The Bahamas Independence Order 1973

PART 3 House of Assembly

Composition of House of Assembly

46.—(1) The House of Assembly shall consist of thirty-eight members or such greater number of members as may be specified by an Order made by the Governor-General in accordance with the provisions of Article 70 of this Constitution.

(2) The members of the House shall be known as “Members of Parliament” and shall be persons who, being qualified for election as Members of Parliament in accordance with the provisions of this Constitution, have been so elected in the manner provided by any law in force in The Bahamas.

Qualifications for membership of House of Assembly

47.  Subject to the provisions of Article 48 of this Constitution, a person shall be qualified to be elected as a member of the House of Assembly if, and shall not be qualified to be so elected unless, he—

(a) is a citizen of The Bahamas of the age of twenty-one years or upwards; and

(b) has ordinarily resided in The Bahamas for a period of not less than one year immediately before the date of his nomination for election.

Disqualifications for election as members of House of Assembly

48.—(1) No person shall be qualified to be elected as a member of the House of Assembly who—

(a) is a citizen of a country other than The Bahamas having become such a citizen voluntarily;

(b) is, by virtue of his own act, under any acknowledgment of allegiance, obedience or adherence to a foreign power or state;

(c) is disqualified for membership of the House of Assembly by any law enacted in pursuance of paragraph (2) of this Article;

(d) has been adjudged or otherwise declared bankrupt under any law in force in The Bahamas and has not been discharged;

(e) is a person certified to be insane or otherwise adjudged to be of unsound mind under any law in force in The Bahamas;

(f) is under sentence of death imposed on him by a court in The Bahamas, or is serving a sentence of imprisonment (by whatever name called) exceeding twelve months imposed on him by such a court or substituted by competent authority for some other sentence imposed on him by such a court, or is under such a sentence of imprisonment the execution of which has been suspended;

(g) is disqualified for membership of the House of Assembly by any law in force in The Bahamas by reason of his holding, or acting in, any office the functions of which involve—

(i) any responsibility for, or in connection with, the conduct of any election; or

(ii) any responsibility for the compilation or revision of any electoral register;

(h) is disqualified for membership of the House of Assembly by virtue of any law in force in The Bahamas by reason of his having been convicted of any offence relating to elections;

(i) is a Senator; or

(j) is interested in any government contract and has not disclosed the nature of such contract and of his interest therein by publishing a notice in the Gazette within one month before the day of election.

(2) Parliament may by law provide that, subject to such exceptions and limitations (if any) as may be prescribed therein, a person shall be disqualified for membership of the House of Assembly by virtue of—

(a) his holding or acting in any office or appointment specified (either individually or by reference to a class of office or appointment) by such law;

(b) his belonging to any armed force of The Bahamas or to any class of person so specified that is comprised in any such force; or

(c) his belonging to any police force or to any class of person that is comprised in any such force.

(3) For the purposes of sub-paragraph (1)(f) of this Article—

(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as separate sentences if none of those sentences exceeds twelve months, but if any one of such sentences exceeds that term they shall be regarded as one sentence; and

(b) no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.

Tenure of office of members of House of Assembly

49.—(1) Every member of the House of Assembly shall vacate his seat in the House—

(a) upon a dissolution of Parliament;

(b) if he resigns it by writing under his hand addressed to the Speaker or, if the office of Speaker is vacant or the Speaker is absent from The Bahamas, to the Deputy Speaker;

(c) if he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House;

(d) if he ceases to be a citizen of The Bahamas;

(e) subject to the provisions of paragraph (2) of this Article, if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified for election as such by virtue of sub-paragraph (a), (b), (c), (d), (e), (f), (g) or (h) of Article 48(1) of this Constitution; or

(f) if he becomes interested in any government contract:

Provided that—

(i) if in the circumstances it appears to the House of Assembly to be just to do so, the House of Assembly may exempt any member of the House from vacating his seat under the provisions of this sub-paragraph, if that member, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the House the nature of such contract and his interest therein;

(ii) if proceedings are taken under a law made under Article 51 of this Constitution to determine whether a member of the House has vacated his seat under the provisions of this sub-paragraph he shall be declared by the court not to have vacated his seat if he establishes to the satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract; and

(iii) no proceedings under the preceding sub-paragraph shall be instituted by any person other than a Senator or member of the House of Assembly.

(2) If circumstances such as are referred to in sub-paragraph (1)(e) of this Article arise because any member of the House is under sentence of death or imprisonment, declared bankrupt, adjudged to be of unsound mind or convicted of an offence relating to elections and it is open to the member to appeal against the decision (either with the leave of a court or other authority or without such leave), he shall forthwith cease to perform his functions as a member of the House but, subject to paragraph (3) of this Article, he shall not vacate his seat until the expiration of a period of thirty days thereafter:

Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval, signified by resolution, of the House of Assembly.

(3) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.

(4) If at any time before the member vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph (2) of this Article and he may resume the performance of his functions as a member of the House.

Speaker and Deputy Speaker

50.—(1) When the House of Assembly first meets after any general election and before it proceeds to the despatch of any other business, the House shall, in accordance with such procedure as may be prescribed by the rules of procedure of the House, elect from among the members who are not Ministers or Parliamentary Secretaries one member to be the Speaker of the Assembly and another member to be Deputy Speaker; and, if the office of Speaker or Deputy Speaker falls vacant at any time before the next dissolution of the House of Assembly, the House shall, as soon as practicable, proceed in like manner to fill the vacant office.

(2) A person shall vacate the office of Speaker or Deputy Speaker—

(a) if he ceases to be a member of the House of Assembly:

Provided that the Speaker shall not vacate his office by reason only that he has ceased to be a member on a dissolution of Parliament, until the House of Assembly first meets after that dissolution;

(b) if he is appointed to be a Minister or Parliamentary Secretary;

(c) if he announces the resignation of his office to the House of Assembly or if, by writing under his hand addressed, in the case of the Speaker, to the Clerk of the House and, in the case of the Deputy Speaker, to the Speaker (or, if the office of Speaker is vacant or the Speaker is absent from The Bahamas, to the Clerk), he resigns that office; or

(d) in the case of the Deputy Speaker, if he is elected to be Speaker.

(3) If by reason of Article 49(2) of this Constitution the Speaker or Deputy Speaker is required to cease to perform his functions as a member of the House of Assembly, he shall also cease to perform his functions as Speaker or Deputy Speaker and those functions shall, until he vacates his seat in the House or resumes the performance of the functions of his office, be performed—

(a) in the case of the Speaker, by the Deputy Speaker or, if the office of Deputy Speaker is vacant or the Deputy Speaker is required to cease to perform his functions as a member of the House of Assembly by virtue of Article 49(2) of this Constitution, by such member (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose;

(b) in the case of the Deputy Speaker, by such member (not being a Minister or Parliamentary Secretary) as the House may elect for the purpose.

(4) If the Speaker or Deputy Speaker resumes the performances of his functions as a member of the House in accordance with the provisions of Article 49(4) of this Constitution, he shall also resume the performance of his functions as Speaker, or Deputy Speaker, as the case may be.

Determination of questions as to membership

51.—(1) An Election Court, consisting of two Justices of the Supreme Court appointed by the Chief Justice or, if for any reason two such Justices are not available, one such Justice and the Chief Magistrate or a Stipendiary and Circuit Magistrate appointed by the Chief Justice, shall have jurisdiction to hear and determine any question whether—

(a) any person has been validly elected as a member of the House of Assembly; or

(b) any member of the House of Assembly has vacated his seat or is required, under the provisions of Article 49(2) of this Constitution, to cease to perform his functions as a member.

(2) Subject to the following provisions of this Article and to the provisions of Article 49(1) of this Constitution, Parliament may make, or provide for the making of provision, with respect to—

(a) the institution of proceedings for the determination of any question referred to in paragraph (1) of this Article; and

(b) the powers, practice and procedure of an Election Court in relation to any such proceedings.

(3) The determination by an Election Court of any question referred to in paragraph (1) of this Article shall be final.

(4) Proceedings for the determination of any question referred to in paragraph (1) of this Article shall not be instituted except with the leave of a Justice of the Supreme Court.

(5) An appeal shall lie to the Court of Appeal on a point of law from the decision of a Justice of the Supreme Court granting or refusing leave to institute proceedings in accordance with this Article; but, subject as aforesaid, that decision shall be final.